JURITEXT000006955175 Généré par l'IA

Seller v. Buyer: Breach of Contract Dependent on Building Permit Issuance

Numéro de cause JURITEXT000006955175

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-01-16

Issue du litige annulled

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Synthèse Legislator

Généré par l'IA

A contract for the sale of a property stipulated that the buyer was only obligated to finalize the sale upon obtaining a necessary building permit, and the deposit was only due after the permit was granted; when the buyer later refused to execute the final deed, claiming they had not obtained the permit, the seller sued to enforce the sale, but the court ruled that the condition precedent for the buyer's obligation—the issuance of the permit—had not occurred, meaning the buyer was not in breach for refusing to proceed with the sale.

Regeste Legislator

Généré par l'IA

Seller v. Buyer: Breach of Contract Dependent on Building Permit Issuance: A contract for the sale of a property stipulated that the buyer was only obligated to finalize the sale upon obtaining a necessary building permit, and the deposit was only due after the permit was granted; when the buyer later refused to execute the final deed, claiming they had not obtained the permit, the seller sued to enforce the sale, but the court ruled that the condition precedent for the buyer's obligation—the issuance of the permit—had not occurred, meaning the buyer was not in breach for refusing to proceed with the sale.